EPA advice

Registered User

Will the questions ever stop you ask yourselves? It doesn't look like it - the more I learn the more questions I have!!

Well, today's question is about how we go about claiming EPA for mum.

Dad really needs to as she doesn't understand money anymore - we've already took her bank card off her but she still remembers where he hides the savings books and at anytime is walking around with hundreds of pounds in her handbag! Heaven only knows how much money she's given out so far.

Plus there are benefits that they will both be entitled to but mum won't sign the forms as she thinks there is nothing wrong with her.

I don't really want to go down the appointee route with benefits, as that will necessitate a home visit - given that mum used to work for them, it would be very distressing for her to be visited by them now.

EPA seems the only option but given that mum probably won't consent to this either, what can be done? Would we be able to get it without her consent if we can prove her diagnosis?

I looked on the PGO site but it just confused me - isn't taking much these days!

Registered User

Hmm, well that's definitely going to be a problem because even if we could convince her to consent on the basis that she and dad did mutual ones like you and your hubby, she certainly wouldn't be able to show that she understood what it was.

Registered User

Kate, It may be worth checking the AZ branch in your area. The one here runs a brilliant course 3 times a year. It is over 9 weeks and covers all aspects of AZ/dementia. I have found it a brilliant source of information and support.

As for EPA, do your parents have a solicitor who knows them well? If they do they may be able to come to the house when your mum is having a good day and be able to honestly say that she understands what she is signing. There are solicitors specifically trained in dealing with clients with dementia and the AZ Society may be able to put you in touch with one in your area.

Without her consent I think you would have to go through the courts. Which is costly and will place more restraints on how your father manages the accounts.

Registered User

If your Mum cannot sign an EPA (either because she refuses or because she doesn't have the necessary understanding) the only option would be for you or your Dad to apply to the Court of Protecion to be appointed as her Receiver.

This is a much more costly and complicated procedure than an EPA. This is the link to the Public Guardianship Office's explanation of being appointed receiver.

You will see that you need a statement from a doctor confirming that your Mum is not mentally capable of handling her affairs. This certificate is normally provided by the consultant and he is entitled to charge for giving the certificate.

Notice also needs to be served on relatives, at least 3 and all in one class. So for example your Dad would count as 1 and you would count as 1. If you have brothers and siblings they would all need to be served (not just 1 to make up the 3 relatives). If you have no brothers or sisters your Mum's brothers and sisters would have to be served, or nieces and nephews. You can see that it can get complicated.

Have a look at the forms, they can be downloaded from the PGO's web site, but you may feel that it is worth pursuing the EPA and or appointee for benefits.

Registered User

maybe sell it to your mum that it's something everyone ought to do of a certain age - or of any age - you don't have to say it's because she specifically ha Alzheimers - just a sensible precaution as she gets older....